quinn emanuel
quinn emanuel urquhart & sullivan, llp | business litigation report
INSIDE
Trial Update
Page 4
Internet Litigation Update
Page 4
Russia Litigation Update
Page 5
Analysis: The Federal
Circuit’s Transocean Decision
on Offer-To-Sell Infringement
Page 6
Securities Litigation Update
Page 8
Victory in Criminal Case and
Other Victories
Page 11
Attorney Advertising
September 2012
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(continued on page 2)
Court Quashes Summons of Indictment in Economic Espionage Act Prosecution
Against Quinn Emanuel Chinese Client
Last month, Quinn Emanuel won an important victory
for its clients the Pangang Group and three of its
subsidiaries in a closely watched criminal prosecution
brought under the Economic Espionage Act (EEA).
Pangang is one of the largest manufacturers of steel,
titanium, and vanadium products in China. e
government alleged that the Pangang defendants
are state-owned companies controlled by a special
government agency of the PRC and that Pangang had
violated the EEA by misappropriating titanium dioxide
(TiO2) production technology from E.I. du Pont de
Nemours & Company (DuPont). On July 23, 2012,
a United States District Court quashed the service of
the summons, which may have ended the criminal
prosecution, by ruling that the government had failed
to properly serve the Pangang defendants under Rule 4
of the Federal Rules of Criminal Procedure. On August
16, 2012, the government indicated that it is exploring
alternative methods to eect service. e next status
conference is scheduled for October 11, 2012.
e Defendants
e rm’s clients are Pangang Group Co. Ltd. and
its subsidiaries Pangang Group Steel Vanadium &
Titanium Company, Ltd., Pangang Group Titanium
Industry, Ltd., and Pangang Group International
Economic & Trading Company, which manufacture
and market steel, titanium, and vanadium products.
Other defendants include several individuals and
a corporate defendant associated with one of the
individuals, Walter Liew. One individual pled guilty
and awaits sentencing. All other defendants who were
served await trial.
Indictment
e criminal prosecution arises out of a civil suit led
by DuPont against an individual named Walter Liew,
his company, and one of his employees, for allegedly
misappropriating trade secret materials that provided
detailed specications for DuPont’s chloride-route
TiO2 process.
Diane Doolittle and Faith Gay Named “Top Female Trial
Attorneys” by
Law360
Diane Doolittle and Faith Gay, Co-
Chairs of the rm’s National Trial Practice
Group, have been selected as “Top Female
Trial Attorneys in the U.S.” by Law360.
Doolittle, a former prosecutor, was
honored for her successful representation
of Southern California real estate
developer Donald Bren in a jury trial
against his children and their mother,
who accused Bren of cheating them out
of millions in child support payments.
e jury verdict in favor of Bren was
recently armed by the California Court
of Appeal. Doolittle was also recognized
for her representation of Dr. Henry
Nicholas, III, billionaire co-founder and
former CEO of Broadcom Corp., in
several high-prole matters.
Gay was recognized for her successful
representation of Charles Schwab in high
prole lawsuits arising out of the nancial
crisis brought by the Oce of the New
York Attorney General concerning
Auction Rate Securities (ARS), and by the
Securities and Exchange Commission and
the class action bar concerning Schwab’s
largest high yield bond funds. Gay has
served as either lead or co-lead counsel in
25 trials and has second chaired a dozen
more. She has also argued more than 30
appeals in federal and state court.
New Intellectual Property Partners Yury Kapgan and
Jay Neukom Join Quinn Emanuel see page 7
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